Examine the validity of the...adoptions under the Hindu Adoption and Maintenance Act....

Question: Examine the validity of the following adoptions under the Hindu Adoption and Maintenance Act, 1956: Somdutt, a Hindu male, has divorced his wife, gives his only son in adoption without the consent of his wife. [HPJS 2019]

Find the answer to Hindu Law only on Legal Bites. [Examine the validity of the following adoptions under the Hindu Adoption and Maintenance Act, 1956: Somdutt, a Hindu male, has divorced his wife, gives his only son in adoption without the consent of his wife.]

Answer

Under the Hindu Adoption and Maintenance Act, 1956, the validity of an adoption depends on compliance with specific statutory requirements. In the present case, Somdutt, a Hindu male who has divorced his wife, gives his only son in adoption without obtaining her consent.

According to Section 9(1) and (2) of the Act, both the father and mother are deemed competent to give a child in adoption. However, the law mandates that the father cannot give the child in adoption without the consent of the mother, unless she has renounced the world, ceased to be a Hindu, or has been declared of unsound mind by a competent court. These exceptions are strictly construed.

Divorce between the spouses does not remove the mother’s legal status as a parent under the Act, nor does it eliminate her right to be consulted before giving the child in adoption. The Act does not distinguish between a wife and a divorced wife for consent unless her parental rights have been terminated through legal means such as custody orders or guardianship proceedings. In the absence of any such facts indicating the applicability of the exceptions mentioned in Section 9(2), the consent of the mother remains a requirement.

The adoption made by Somdutt without the consent of the mother (who is not shown to fall under the exceptions) is invalid under the Hindu Adoption and Maintenance Act, 1956.